St. Louis, Iron Mountain & Southern Railway Co. v. Morgan
Supreme Court of Arkansas
Appeal from Jackson‘'Circuit Court; B. E. Jeffery, Judge; 1. It was not incumbent upon appellant to show that it did not discover appellee’s presence upon its track in time to avoid injuring Mm.
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Appeal from Jackson‘'Circuit Court; B. E. Jeffery, Judge; 1. It was not incumbent upon appellant to show that it did not discover appellee’s presence upon its track in time to avoid injuring Mm. The injury having occurred prior to the amendment to the lookout statute, appellant established a sufficient defense to bar recovery when it showed that he was guilty of contributory negligence, unless other facts were shown sufficient to overcome the effect of the contributory negligence. The burden was, therefore, then upon appellee to show that appellant discovered him upon its' track in time to…
1Opinion of the CourtMcCulloch, C. J.
This is an action based upon alleged liability for personal injuries done to plaintiff while working as section foreman in the employment of the defendant railway company, and the case has been here on a former appeal. 107 Ark. 202. After being remanded, there was another trial which resulted in a verdict and. judgment in favor of the plaintiff, from which another appeal has been prosecuted. The testimony was, on the second trial, substantially the same as on the first, with one or two exceptions which will be mentioned later. The facts are set out in detail in the former opinion, and need…
2Cases cited3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. HambrightSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. MorganSupreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. StandiferSupreme Court of Arkansas · 1907
3Cited by17 opinions
- Lion Oil Refining Co. v. AlbrittonCourt of Appeals for the Eighth Circuit · 1927
- Missouri Pacific Railroad Co. v. ElvinsSupreme Court of Arkansas · 1928
- Graham v. Atlantic Coast Line R. Co.Supreme Court of North Carolina · 1954
- Atchison, Topeka & Santa Fe Railway Co. v. PetersonArizona Supreme Court · 1928
- Granger v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1927
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